NRO the Corner's Byron York tells us:
"CIA leak prosecutor Patrick Fitzgerald is continuing to refuse to provide the Lewis Libby defense team with evidence that Valerie Wilson's employment status was classified when she was outed by Robert Novak's column, or evidence that the disclosure of Wilson's identity damaged national security. In court papers filed late yesterday, Fitzgerald attempts to muddy the question of Plame's status by saying he has no documents that show her status was not classified:
The defense also seeks all documents "relating to whether Valerie Wilson’s status as a CIA employee, or any aspect of that status, was classified at any time between May 6, 2003 and July 14, 2003." Mr. Libby predicates his request on a single reference in the indictment to the fact that Ms. Wilson’s employment status was classified during the relevant time. (Paragraph 1(f) of the Indictment). The defendant overlooks the simple fact that Ms. Wilson’s employment status was either classified or it was not. If the government had any documents stating that Ms. Wilson’s employment status was not classified during the relevant time -- and we do not -- we would produce them though not strictly required to under the doctrine of Brady v. Maryland. The defense is not entitled to every document mentioning a fact merely because that fact is mentioned in the indictment.
On the issue of damage done by the disclosure of Wilson's identity, Fitzgerald says he never claimed any damage was done -- only that it could have been done.
The defendant also argues that he is entitled to information about any assessment of the damage caused by the disclosure of Ms. Wilson’s employment because "potential harm to national security was a focus of the government’s investigation." This claim is illogical. First, there were many things that were investigated that are not reflected in the charges in the indictment. The actual -- as opposed to potential -- damage caused by the outing of Ms. Wilson is not alleged in the indictment, nor was it a focus of the grand jury investigation. The indictment alleges only that the outing of CIA employees could cause damage. The actual damage resulting from uncharged conduct is irrelevant to whether the defendant lied about his conversations with reporters."
Hello? "The defense is not entitled to every document mentioning a fact merely because that fact is mentioned in the indictment."
Mr. "Fitz" - get ye back to law school - the defense is entitled to any document that points to the guilt of their client - period. Cripes what a weasel.
Ok, so Libby got nailed for lying about a case that should have never been investigated in the first place. I see. This of course throws this story into the RAW crapper as I told you it was - cappola. But the fact remains how did this case even get to be investigated in the first place. The key to this is Senator Chuck Schumer and his aliance with Joe Wilson (and incidently Nicolas Kristoff).
Patience - in due time. But the sham, as I told you back here, is beginning to unravel.
Fact is that plame was NOT covert - had not been for a while and her "outing" (Already known to everyone in Washington) caused NO damage whatsoever. Period.
Here's what should happen now. The FBI should immediately move to close Fitzgerald's office and hold him for prosecutorial misconduct. This guy is a hack.
This has been a charade from the beginning, and a travesty on the American Justice system. It's time to bring the "characters of the play" in for a talking to.
Filed under: judith miller valerie plame karl rove Valerie Plame PlameGate john hannah cheney libby joe wilsonwoodward bob woodward
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